Justice Theophilus W. Smith

  • Born:
    September 28, 1784 in New York, NY
  • Illinois Supreme Court Justice:
    1825-1842
  • Succeeded:
    Thomas Reynolds
  • Succeeded by:
    Richard M. Young
  • Represented:
    4th Circuit (1827-1834), 7th Circuit (1827-1834)
  • Political Party
    Democrat
  • Other Political Offices:

    Illinois State Senate (1822-1825)

  • Died:
    May 6, 1845 in Chicago, IL
  • Buried:
    Rosehill Cemetery, Chicago, IL (previously interred at City Cemetery)
  • Notes:
    Portrait courtesy of the Illinois Supreme Court

Images

  • sig-smith
  • smith-lg

Cases

Slocumb v. Kuykendall

The case involved a slander accusation implying theft against Slocumb. The plaintiff alleged three counts of slander, but the defendant pleaded not guilty. After the trial, the court instructed the jury to find in favor of the defendant, stating the evidence did not support the plaintiff's claims. The defendant's words, as recounted by witnesses, did not directly align with the charges. Thus, the court affirmed the judgment in favor of the defendant.



Berry et al., administrators of Ernst v. Ernst

Mary Ann Ernst, widow of Ferdinand Ernst, sued the administrators of his estate over a dispute concerning Ferdinand Ernst's debts to the State Bank of Illinois. The circuit court ruled for Mary Ann Ernst, and the administrators appealed to the Illinois Supreme Court. The Court affirmed the legislature's 1828 law releasing Ferdinand Ernst's estate, directing proceeds from land sales to Mary Ann Ernst. The administrators, challenging the law's validity, sold lands on credit. The court found the state had the authority to order sales. The circuit court's decree was partly affirmed, with $742.88 granted to the complainant, and partly reversed in regard to excluding $105 from specific land sales.